Search results for "which"

showing 10 items of 121 documents

Getting married or entering into a partnership : the patrimonial issues of choice in french law

2021

In French law, there are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. But, if the couple intends to organize a transfer of assets between companions both during the union and in case of death, it is definitely marriage that offers more possibilities than partnership. Often, young French couples, who do not wish to marry, either not at the begining of their relationship or not at all, have the idea that, if marriage organizes a legal protection of the couple, the partners have the possibility to provide conventionally equivalent protection. In fact, this idea is wrong.

:CIENCIAS JURÍDICAS [UNESCO]partnership or marriage. But [there are only two models of couples between which a choice is really possible to organize their patrimonial relationships]have the idea thatlegal protectionreserva 14 23reserveprotección legalif the couple intends to organize a transfer of assets between companions both during the union and in case of deathpartnership [this idea is wrong. Marriage]transmissiontransmisión2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113545 Getting married or entering into a partnership the patrimonial issues of choice in french law Berryyoung French couplesUNESCO::CIENCIAS JURÍDICASMatrimoniounión de hechoElsa In French laweither not at the begining of their relationship or not at allthere are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. Butwho do not wish to marryif marriage organizes a legal protection of the couplethis idea is wrong. Marriage: partnershipit is definitely marriage that offers more possibilities than partnership. Oftenthe partners have the possibility to provide conventionally equivalent protection. In fact
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Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104

2021

Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…

:CIENCIAS JURÍDICAS [UNESCO]reglamentos UE 34 51where the jurisprudence of the Supreme Court is steadily opposed to their acceptance. : Pre-marital agreementswhile the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family mattersPablo D. Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreoversome choices made by the European legislator on applicable law will likely be source of inconveniences. FurthermoreEU regulationsacuerdos previos a la convivencialike ItalyUNESCO::CIENCIAS JURÍDICASas for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisionsand court settlements ? attention should be paid to their admissibility in some of themAcuerdos prematrimoniales2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113547 Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104 BrunoPre-marital agreements [where the jurisprudence of the Supreme Court is steadily opposed to their acceptance.]authentic instrumentspre-unional agreements
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Gestación subrogada y dignidad de la mujer

2018

The situation of the surrogate pregnancy in Spain demands action by our legislators and / or our public authorities. The reason is that the current legal system in which there is a ban of the surrogacy contract is not being attended. In this issue an analysis of the situation in Spain and in other countries is made, to conclude from the right to the dignity of women, that possible actions could be taken to adapt the reality to the legal system.

:CIENCIAS JURÍDICAS [UNESCO]the right to the dignity of womenfiliation. 10 44dignidad de la mujerUNESCO::CIENCIAS JURÍDICASthat possible actions could be taken to adapt the reality to the legal system. Gestación por sustituciónSurrogate pregnancyMaría Dolores The situation of the surrogate pregnancy in Spain demands action by our legislators and / or our public authorities. The reason is that the current legal system in which there is a ban of the surrogacy contract is not being attended. In this issue an analysis of the situation in Spain and in other countries is madeto conclude from the right to the dignity of women2386-4567 22661 Actualidad jurídica iberoamericana 502169 2018 9 6653319 Gestación subrogada y dignidad de la mujer Cervilla Garzónfiliación
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La pena de trabajos forzados en los códigos penales decimonónicos

2018

This paper is an study about the penalty of forced labor, inside the historical and legal framework in which took place the criminal law codification of 19th century (Criminal Codes of 1822, 1848 and 1870) and the departure from the Criminal Law of Ancient Regime

:CIENCIAS JURÍDICAS [UNESCO]trabajos forzados.penaltyCriminal codificationUNESCO::CIENCIAS JURÍDICASIris This paper is an study about the penalty of forced laborpena2386-4567 22661 Actualidad jurídica iberoamericana 502169 2018 9 6653340 La pena de trabajos forzados en los códigos penales decimonónicos Barceló Ferreinside the historical and legal framework in which took place the criminal law codification of 19th century (Criminal Codes of 18221848 and 1870) and the departure from the Criminal Law of Ancient Regime Codificación penalforced labor. 538 585
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Deducibilidad de los intereses de demora en el Impuesto sobre Sociedades : comentario de la STS de España núm. 150/2021, de 8 de febrero

2021

This study analyzes STS 150/2021, of February 8, which has declared the deductibility of late payment interest in Corporation Tax. To do this, a review is made of the nature of the moratory interest, the forecast of the tax on the calculation of the taxable base in said tax and the framing of these interests within the deductible expense.

:CIENCIAS JURÍDICAS [UNESCO]which has declared the deductibility of late payment interest in Corporation Tax. To do thisMoratory interestimpuesto sobre sociedadesa review is made of the nature of the moratory interestgasto deduciblecorporate tax 1052 1061the forecast of the tax on the calculation of the taxable base in said tax and the framing of these interests within the deductible expense. Intereses de demoraUNESCO::CIENCIAS JURÍDICASde 8 de febrero Hernández Guijarroof February 82070-8157 22082 Revista Boliviana de Derecho 584568 2021 32 8055249 Deducibilidad de los intereses de demora en el Impuesto sobre Sociedades comentario de la STS de España núm. 150/2021deductible expenseFernando This study analyzes STS 150/2021
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Un cuento de robots : La hija cibernética de descartes

2021

French philosopher René Descartes is today valued as a forerunner of the studies of human mind, artificial intelligence and robotic systems. Throughout his work there are large references to automata and the possibility of artificial life, as well as an assessment of the differences between rational behavior of human beings and the purely mechanical of animals and automata. In addition to these references, there is a fable about the creation by the philosopher of an automaton that replicated his deceased daughter Francine, a story that is well known among the French and Anglo-Saxon specialists, but not so much in the Spanish ones, which is what settles this short work

:CIENCIAS JURÍDICAS [UNESCO]which is what settles this short work René DescartesFrancine Descartesinteligencia artificialautómatasautomataas well as an assessment of the differences between rational behavior of human beings and the purely mechanical of animals and automata. In addition to these referencesthere is a fable about the creation by the philosopher of an automaton that replicated his deceased daughter Francinebut not so much in the Spanish onesartificial intelligence2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730064 Un cuento de robots La hija cibernética de descartes Lacruz MantecónMiguel L. French philosopher René Descartes is today valued as a forerunner of the studies of human mindartificial intelligence and robotic systems. Throughout his work there are large references to automata and the possibility of artificial lifea story that is well known among the French and Anglo-Saxon specialistsRené DescartesUNESCO::CIENCIAS JURÍDICASrobots. 422 441robots
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Ricerche in tema di società questuarie

2019

Intorno al regime delle società di tipo questuario – riconducibili agli schemi teorici della societas universorum quae ex quaestu veniunt – e delle società unius alicuius negotiationis e unius rei, si profusero gli sforzi interpretativi dei giuristi romani, fin dalla fine dell’età repubblicana. La monografia scientifica ripercorre le tracce della individuazione della nozione stessa di quaestus (guadagno), con particolare riferimento alla inclusione al suo interno delle donazioni cd. remuneratorie; ancora, ricostruisce il dibattito giurisprudenziale sorto intorno alla questione se i soci – nella determinazione delle quote – dovessero rispettare una proporzione rispetto ai conferimenti, con u…

About the regulations of the societas quaestus - referable to the societas universorum quae ex quaestu veniunt and to the societas unius alicuius negotiationis and unius rei - the interpretative efforts of the Roman jurists were given profusely since the end of the republican age. The scientific monograph puts itself on the traces of identifying the notion of quaestus (gain) with particular reference to the inclusion within it of the so-called remuneration gifts. Furthermore it reconstructs the jurisprudential debate that aroses around the question of whether the socii - in the determination of the shares - had to respect a proportion with the contributions and in this sense with an attempt to explain the existing contrast between a passage from the Digest and one of the Iustiniani Institutiones. Moreover always with specific reference to the societas quaestus the monograph investigates the setting-up of the intempestiva renuntiatio supporting its origin out of the contrast between Proculiani and Sabiniani so far postulated in doctrine. Finally the book closes with a chapter dedicated to the genesis of the term egestas which appears in a fragment of Modestinus (D. 17.2.4.1) dedicated to the causes of dissolution of the societas consensu contractaSettore IUS/18 - Diritto Romano E Diritti Dell'Antichita'
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Contra la patologización intensiva en términos de derechos humanos: Activismo gordo en Argentina

2020

This work addresses the way in which Argentine Fat Activism has developed, in recent years, the demand for depathologization of fatness, taking elements from critical discourses on the health of fat people to frame them in a perspective typical of the Human Rights. First, the contemporary fat body is described in terms of stigma and discrimination, especially in the health field. Then, they refer to a series of critical positions on the pathologization and medicalization of fatness from the biomedical perspective, Fat Studies and Fat Activism. Lastly, a series of interventions that the Argentine activist collective Taller Hacer la Vista Gorda produced between 2017 and 2020 were considered, …

Activismo gordo en Argentina Contrera [1137-7038 8537 Arxius de sociologia 562372 2020 42 7674040 Contra la patologización intensiva en términos de derechos humanos]in recent yearsDespatologización.Human RightsFat Studiesespecially in the health field. Thenthe contemporary fat body is described in terms of stigma and discriminationthey refer to a series of critical positions on the pathologization and medicalization of fatness from the biomedical perspectivea series of interventions that the Argentine activist collective Taller Hacer la Vista Gorda produced between 2017 and 2020 were consideredCOVID-19:SOCIOLOGÍA [UNESCO]and highlights the innovation of the local turn in the current context of pandemic. Estudios Sobre GorduraActivismo Gordo1137-7038 8537 Arxius de sociologia 562372 2020 42 7674040 Contra la patologización intensiva en términos de derechos humanos: Activismo gordo en Argentina ContreraDerechos HumanosDepathologization 175 188focusing on the claim of depathologizationUNESCO::SOCIOLOGÍAFat Studies and Fat Activism. Lastlythe demand for depathologization of fatnesstaking elements from critical discourses on the health of fat people to frame them in a perspective typical of the Human Rights. FirstFat ActivismLaura This work addresses the way in which Argentine Fat Activism has developed
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Verso una dimensione narrativa delle mappe

2021

Tra il pensiero e la costruzione dell’architettura il disegno ha un ruolo baricentrico per connettere i diversi protagonisti di una realizzazione e per coinvolgere la collettività facendo percepire inedite prospettive. La scrittura si rivela utile per esplicitare ciò che nella grafica è sotteso e per stabilire un ordine nuovo nel ragionamento progettuale. I rapporti fra segni e significati si moltiplicano nei sistemi informativi recenti in cui si ha la sensazione di poter dire moltissimo (dati numerici e spaziali) ma a volte sfugge quella sintesi indispensabile per una interpretazione concreta, finalizzata alla costruzione di possibili esperienze fisiche. Per l’esplorazione dell’uso di dive…

Between the idea and the construction of the architecture the drawing plays a central role to connect the different protagonists of a project. It involves the community by envisaging unprecedented perspectives. Writing is useful to explicit the graphics and establish a new order in the design reasoning. The relationships between signs and meanings multiply in recent information systems in which it seems possible to conclude a lot (thanks to numerical and spatial data) but sometimes a synthesis is missing though that synthesis is fundamental to create new physical experiences. For the exploration of the use of different architectural languages and for the push towards the project rather than a sterile cataloging the case of the Piano Programma for the historic center of Palermo (Giuseppe Samonà Giancarlo De Carlo Umberto Di Cristina Anna Maria Sciarra Borzí 1979-82) reveals to be ambitious. Giuseppe Samonà integrates the classical representation based on Monge's projections with photographs and iconic drawings associating signs with a linguistic-structural communication capable of expressing the relationships between the parts at the basis of a morphological approach to the plan. The graphic story ("second language") of the urban fabric has creative implications expressed by images and annotations ("first language") useful for decoding them. Since the plan focuses on the potential of a storytelling that orients the imagination of its readers (designers citizens politicians) it can contribute to the study titled "B4R– BRANDING 4 RESILIENCE - Tourist infrastructure as a tool to enhance small villages by drawing resilient communities and new open habitats” as a starting point for the mapping in which GIS analysis and multidisciplinary data (geometric topological and quantitative) relating to some villages of the internal Sicily shall translate into a new architectural urban and landscape quality.Settore ICAR/14 - Composizione Architettonica E Urbana
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Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo

2021

The Sentence of the Court of Justice of the European Union of July 9, 2020 comes to answer the five questions that, in its preliminary question, the Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clauses, establishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16, 2017, in the sense of considering the agreed floor clause null as a consequence of the novation agreement and, subsequently, those of April 11, 2018 and September 13, 2018 in the opposite direction, declaring that the novation agreement was valid. It is a long-awaited and in…

Carolina del Carmen The Sentence of the Court of Justice of the European Union of July 9and its economic repercussion - as well as its procedural significance. -by the consequence of the lifting of procedural suspensions that its dictation supposes2018 in the opposite direction2017consumidorin its preliminary question2018 and September 13cláusula suelothe Court of First Instance and Instruction No. 3 of Teruel asks about the validity of the new agreements in the context of the floor clausesno doubtpacto novatorioagreed as a result of the ruling of the Luxembourg Court-. In this paper I will review the doctrine contained in the STJUE in its comparison with the one previously declared by our Supreme Courtremunerative interestMortgage:CIENCIAS JURÍDICAS [UNESCO]in attentioninterest variability 132 159consumerestablishing jurisprudential doctrine on this matter about which our Supreme Court had previously ruled in its Judgments of October 16new agreementsubsequentlyboth to its well-founded substantive relevance - due to the legal doctrine that it consolidates and which results from unquestionable applicationvariabilidad del interés.2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730055 Algunas reflexiones acerca de la stjue de 9 de julio de 2020 sobre los pactos novatorios en materia de cláusulas suelo Castillo Martínezdeclaring that the novation agreement was valid. It is a long-awaited and insistently commented resolution after its publication2020 comes to answer the five questions thatthose of April 11in the sense of considering the agreed floor clause null as a consequence of the novation agreement andin order to conclude what its incidence is with respect to the criterion maintained by our High Court in its Judgments of April 11UNESCO::CIENCIAS JURÍDICASfloor clauseinterés remuneratorio2018. Hipoteca
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